Sandeep v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42891 of 2023 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.147 of 2023, under Section 3(1) of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bithoor, District Kanpur Nagar, during the pendency of trial.

¶4It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two cases shown in the gang chart in which he has been enlarged on bail which has been explained in paragrpah-8 and 9 of the affidavit filed in support of the bail application. It is also contended that the co-accused persons having identical role to that of the present accused have been enlarged on bail by co-ordinate Benches of this Court vide orders dated; (i) 15.09.2023 passed in Criminal Misc. Bail Application No.40227 of 2023 (Ranu @ Jagat Singh Vs. State of UP); (ii) 05.07.2023 passed in Criminal Misc. Bail Application No.28138 of 2023 (Raghvendra Singh @ Krishna Vs. State of UP); and (iii) 19.07.2023 passed in Criminal Misc. Bail Application No.27207 of 2023 (Mohammad Salil Vs. State of UP), therefore, the applicant is entitled to be enlarged on bail on the ground of parity also. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 30.08.2023. In case, the applicant is released on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Sandeep, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.11.2023 Shahroz High Court of Judicature at Allahabad